“A preliminary injunction might be issued against Hikma, pending investigation/resolution of discovery and any trial that relates to those questions? A final order reinstating the patents invalidated in that first suit could issue, as Hazel-Atlas makes clear.”
North, As part of question two, in the petition for rehearing En Banc, the lawyers representing Hikma claim that the success of the skinny label carve out is undisputed. It is my understanding from the appeal that this is factually incorrect. Am I missing something? Sleven,